THE INFORMATION WE COLLECT.
Personal Information means any information that may be used to identify a natural person. Generally, you may visit and browse the Website without revealing any of your Personal Information. When you register or use the Services, you may be required to provide Personal Information. If you choose to book an accommodation as a Guest, or purchase products and services from Maria Lisboa Villa, you will be required to provide your credit card and other payment related information necessary to process your booking request or purchase.. We may share your credit card and other payment related information with third party services providers as necessary to process your payment. If you register or visit the Website through Facebook Connect or another social media website, then we may receive certain Personal Information from those social media sites in connection with such activities. We may collect Personal Information when you respond to an ad, communicate with visitors, Guests or Hosts via the Website, respond to a survey, or receive technical support assistance. If you choose to communicate with us via available electronic communication (e.g. email, online chat or instant messaging), we may retain a complete copy of the electronic communication together with your email address. We may also make chat rooms, blogs, message or bulletin boards, or news groups available to you through the Website. Please remember that any information disclosed in these forums is public and available for collection and use by third parties. You should exercise caution when disclosing Personal Information in these forums. Personal Information does not include information regarding corporate entities or information that is encoded or anonymized, or publicly available information that has not been combined with non-public Personal Information.
Other Information collected via the Website that does not identify you personally may include:
When you visit the Website or use the Services, we may collect certain non-personal information such as the name of your Internet service provider, the pages you viewed on our Website, the number of links you click within our Website, search terms, operating system, website traffic and related statistics, keywords, the state or country from which you accessed our Website, the date and time of your visit, the type of browser or computer you use, the web page from which you linked to our Website, your “IP” or Internet Protocol address and other data.
In order to provide certain of the Services while you are using our Mobile Apps we may, with your consent, automatically collect geolocational information from your mobile device, wireless carrier or certain third party service providers (“Geolocational Information”). Your mobile device also permits you to turn off the location services. Please be sure to manage your mobile device and privacy preferences for the Services on a consistent basis. We may also collect, or use Providers to collect information regarding your current location (e.g., by IP address, or by latitude/longitude) when you visit the Website or use the Services.
HOW WE USE YOUR INFORMATION.
We may block users located in certain countries from using the Website. We may retain and use your Personal Information and Other Information for as long as is required to fulfill our business objective, even after your account is terminated.
SHARING YOUR INFORMATION.
MLV may share your Personal Information and Non-Personal Information with third parties without notice to you under certain circumstances including:
- Agents, Providers and Related Third Parties. When we engage a service provider to perform certain business-related functions, we only provide them with the information that they need to perform their specific function. We may also share your information with any of our parent companies, subsidiaries, or other companies under common control with us.
- Legal Requirements. We may disclose your information if required to do so by law, or in the good faith belief that such action or disclosure is necessary or appropriate (i) to operate the Website, (ii) comply with any legal obligation, report unlawful activity, cooperate with law enforcement, or protect against legal liability, (iii) protect and defend our rights, property, personnel, suppliers, sponsors, agents or licensors, or (iv) protect the personal safety of users of the Website or the public.
- Business Transfers. We may share your information with business partners, or buy or sell businesses or assets. In the event of a corporate sale, asset sale, merger, reorganization, dissolution or similar event, Personal Information, and Non-Personal Information may be part of the assets that are transferred.
- Aggregated Information. We may aggregate Personal Information and/or Non-Personal Information and provide it to our existing or potential business partners, sponsors, advertisers or other third parties, in response to a government request, or to other third parties for lawful purposes.
- We may disclose Personal Information to third party marketers (who may combine such Personal Information with their own records, and records available from other sources), for their own direct marketing purposes, and the direct marketing purposes of other third party marketers. If you wish to opt-out of sharing your Personal Information with third party marketers for their own and third party direct marketing purposes, please send an email with your name and address to email@example.com
We may send You legally required notifications and other notices including, but not limited to, service related notices, transactional communications related to your account, or notices regarding a change to any of our policies. For example, we may send you a notice regarding server problems or scheduled maintenance to the Website. In order to opt-out of receiving these notices, you may need to deactivate your account.
We offer you control over your privacy preferences regarding promotional email. You may update these preferences at any time. Please allow sufficient time for your preferences to be processed.
- You may opt-out of receiving promotional emails from us regarding new features, services, special offers, advertisements, promotions and our newsletter when registering for an account by unchecking the box that asks whether you would like to receive e-mail updates.
- In the future, You may unsubscribe from receiving promotional e-mails of certain types (or a company-wide unsubscribe) at any time by using the Unsubscribe page on the Website. Please pay careful attention to the various options for unsubscribing. You may have the option to unsubscribe from one or more special interest lists or unsubscribe from all promotional e-mails.
- When you receive a promotional e-mail from MLV, it will contain a link that allows you to unsubscribe. If you decide to use this opt-out link, you will no longer receive promotional email, but you will continue to receive non-promotional e-mails and direct mail from us, such as order confirmations.
Any Content or Personal Information published on the Website is public and accessible by any third party. If you participate in chat rooms, blogs, message or bulletin boards, news groups or similar forums, your username will be posted on the Website. Any Content or Personal Information published on the Website may also appear in search engine results (such as Yahoo!, MSN, Google, Altavista, and other search engines) and in the cache of those search engines, in feeds and third party websites pursuant to cobranding agreements. We have no control over updating and/or removal of such Content or Personal Information, which is the sole responsibility of the search engines, third party websites and RSS web feed resources. You agree and acknowledge that MLV is not be liable for the information published in search results or by any third party website that carries any Content or Personal Information published on the Website. We strongly discourage posting any information on these features or in any Content or Personal Information posted by you that you do not want others to see or use.
We do not and cannot review all communications and materials posted to or created by users that visit the Website or use the Services. You acknowledge that by providing you with the ability to post, view and distribute communications, Content and Personal Information via the Website, MLV merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating thereto. However, we reserve the right to block or remove communications, Content, Personal Information or other submissions to the Website, for any reason in our sole and absolute discretion.
Maria Lisboa Villa and/or its Providers may use certain technologies, including the following:
- Web beacons, also known as “clear gif” technology, are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web site users. Unlike cookies, which can be stored on a user’s computer hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence. We may use web beacons to help us manage Content on the Website by tracking what Content is effective.
- AddThis tracks usage, and facilitates mobile friendly sharing, following and content recommendations. For more information about AddThis and its privacy practices, visit www.addthis.com,
MLV uses commercially reasonable measures to protect your transmissions to us including secured socket layer (“SSL”) technology for processing payment transactions with Providers. Information regarding the security practices of our hosting and datacenter service providers is available at: https://www.heroku.com/policy/security, and https://www.heroku.com/policy/security#data_centers. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of the databases where your Personal Information is stored and processed, nor can we guarantee that the information that you supply will not be intercepted while being transmitted to and from us over the Internet including, without limitation, information included within emails. You acknowledge and agree that we have no liability regarding the unauthorized access, disclosure, alteration, theft, loss, misuse or destruction of Personal Information, Other information or Content including, without limitation, any such information that has been provided to third parties or other users, or with regard to the failure of a third party service provider to abide by the agreement between us and such third party. You should not disclose your Password and ID to anyone and you should always remember to log off, especially if you are using a shared computer. You are solely responsible for maintaining the confidentiality of your Password and ID, and for any use of your Password and ID, whether or not you have authorized such use.
LINKS TO THIRD PARTY WEBSITES.
The Website is not intended for use by children under the age of 13. MLV does not knowingly collect or use any Personal Information from such children. If you are under the age of 13, do not submit any information to this Website. If we learn that we collected Personal Information from children under the age of 13, we will take steps to delete that information as soon as possible.
Content available on the Website includes:
· KID & COE CONTENT.
The Website contains materials, such as data, text, graphic, images, sound recordings, audiovisual works, and other materials provided by MLV or its licensors including, by way of example, MLV photographs of Host properties, Kid & Coe edited photographs of Host properties, profiles, text and other information regarding Host properties and the surrounding neighborhoods prepared by MLV, all of which is owned exclusively by MLV
· USER GENERATED CONTENT.
Hosts and Guests may provide or generate content for the Website including, but not limited to, text, photographs, listings/information, communications between users (through the Website or a third party website), feedback, questions, commentary, postings, files, images, video, audio, and other materials (“User Generated Content,” and, collectively with the MLV Content, the “Content”).
You are solely responsible for any User Generated Content that you provide, and the consequences of posting or transmitting, linking or publishing all or any part of such User Generated Content. More specifically, you are solely responsible for all User Generated Content that you upload, email or otherwise make available via the Services. User Generated Content is not confidential, may be freely monitored by MLV (although MLV has no obligation to do so), and may be made public by MLV in its sole discretion.
You retain all of your ownership rights in your User Generated Content; however, by submitting the User Generated Content to MLV, you hereby grant to MLV an irrevocable, non-cancellable, perpetual, worldwide, exclusive, royalty-free, sub-licenseable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Generated Content including, without limitation, for commercial purposes, and promoting and redistributing part or all of the User Generated Content (and derivative works thereof) in any media formats and through any channels now or hereafter known. As the exclusive licensee of User Generated Content, you hereby grant to MLV the exclusive right to enforce copyrights in the User Generated Content against anyone copying republishing, distributing, or preparing derivative works of the User Generated Content without Your consent. Furthermore, by you posting User Generated Content, you agree to and do hereby grant to MLV exclusive rights to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, exploitation or commercial use of the User Generated Content by any party for any purpose. You also hereby grant visitors to the Website, Guests and Hosts a non-exclusive license to access, view and display, but not to otherwise access, distribute or copy, your User Generated Content through the Website. For avoidance of doubt, you hereby represent that you have not, and will not, grant any license rights to your User Generated Content for the purposes of crawling, scrapping, or using automated means (e.g., data mining, robots, crawlers, spiders, or similar extraction tools) on or through the Website to obtain any data or information.
INTELLECTUAL PROPERTY RIGHTS.
You agree not to circumvent, disable or otherwise interfere with security related features of the Website or the Services, including any features that prevent or restrict use or copying of any Content or Services, or enforce limitations on use of the Website, the Services or the Content. You shall not decompile or disassemble, reverse engineer or otherwise attempt to discover, acquire, copy or emulate any source code or object code contained in the Services or the Website.
USER GENERATED CONTENT.
We reserve the right (although we have no obligation), to monitor User Generated Content, and remove any User Generated Content at any time, in our sole discretion, without any notification or explanation. User Generated Content may be readily accessible to the public via the Website, including any confidential information and personally identifying information that you may make available online. With respect to User Generated Content, we shall be free to use any ideas, concepts, know-how, or techniques contained therein for any purpose whatsoever including, but not limited to, the development, production and marketing of products and services that incorporate such information.
MLV is the owner of certain trademarks, service marks and logos (registered and unregistered) (the Maria Lisboa trademarks”). Other product and service names and logos used and displayed on this Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to MLV. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the MLV Trademarks displayed on this Website, without our prior written permission in each instance. All goodwill generated from the use of the MLV Trademarks will inure to our benefit.
ACCEPTABLE USE POLICY.
accessing and/or using the Website or the Services, You hereby agree that:
- You will not use the Services for any unlawful purpose;
- You will not upload, post, e-mail, transmit, or otherwise make available any Content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity;
- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive or personal information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
- You will not “stalk” or otherwise harass another person;
- You will not spam or use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means.
Let us know if you notice inappropriate conduct on the Website or in connection with the Services, or believe that a user has violated our Acceptable Use Policy. We will investigate and take appropriate action.
LINKS TO OTHER WEB WEBSITES.
This Website may periodically provide links to third party websites (“Third-Party Websites”) as well as other websites operated by MLV (“Other MLV Websites”). This Agreement governs only this Website and not any Third Party Websites or Other MLV Websites. Our decision to link to a Third-Party Website is not an endorsement of the content or services in that linked Third Party Website. If you decide to access linked Third-Party Websites, you do so at your own risk. You should direct any concerns regarding any Third-Party Websites to the administrator of the applicable Third-Party Website. We also prohibit the use of any links to the Website from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of this Website with any other website.
ADVERTISEMENTS ON THIS WEBSITE.
MLV, in its sole discretion, may post the advertisements of third parties on the Website. The display of advertisements on the Website is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by MLV. Your correspondence or any other dealings with advertisers found on this Website are solely between you and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on this Website.
You have no right to (i) collect, aggregate, copy, duplicate, display or create derivative works of the Services or any Content available on the Website (except for your own User Generated Content), (ii) engage in crawling, scrapping or similar activities, or (iii) use automated means, including data mining, robots, crawlers, spiders, or similar data gathering, extraction tools and the like on any Website for any purpose. You agree not to use any means or measures whatsoever to circumvent any technological measure in place to prevent unauthorized use of the Website, the Content or the Services. Any copying, aggregation, display, distribution, performance or derivative use of any content posted on the Website whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited.
Any access to or use of the Website to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with MLV (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
Notwithstanding the foregoing MLVe may, by prior written consent in each case, permit general purpose internet search engines (that provide a method of “opt-out”), and non-commercial public archives that gather information to access the Website for the sole purpose of displaying hyperlinks to the Services, Content or the Website, provided that, (i) they do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, and (ii) specifically exclude any website, search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services.
Anything to the contrary contained herein notwithstanding, MLV specifically reserves the right to terminate your access and use of the Website, the Services and/or the Content, including any ability to extract data from or through the Website, for any reason or no reason, at its sole discretion.
SECURITY OF THE WEBSITE.
Actual or attempted unauthorized use of the Website, the Content or the Services may result in criminal and/or civil prosecution. MLV reserves the right to view, monitor, and record activity on the Website without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Website. MLV will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.
MLV does not endorse any User Generated Content or any opinion, statement, recommendation, claim or advice expressed in any User Generated Content, and expressly disclaims any and all liability associated with User Generated Content. You acknowledge and agree that MLV is not liable for your interactions with any individuals and/or organizations on or through the Website, the Content or the Services including, but not limited to, the quality, availability or safety of any accommodations offered by Hosts, payment by Guests and/or their behavior, and any other terms, conditions, warranties or representations associated with any interaction or transaction you may have with individuals and/or organizations. Any and all such dealings are solely between you and such organizations and/or individuals. In the event of any dispute, you understand and agree that MLV is under no obligation to become involved in any capacity. In the event that you have a dispute with one or more other users, organizations, individuals or other third parties, you hereby unconditionally release MLV and its affiliates (and its and their respective officers, employees, agents and successors) from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes, and/or the Services, Content or the Website.
NO RESPONSIBILITY FOR CONNECTIVITY.
You are solely responsible for the means you use to access the Website and all costs associated therewith. You understand that we are not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Website.
We may terminate this Agreement and your access to all or any part of the Website, the Content or the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website, the Content or the Services at any time without prior notice or liability.
MLV, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY THE “MLV PARTIES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS ABOUT THE WEBSITE, THE SERVICES, OR THE CONTENT (THE “MATERIALS”) INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. THE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND. YOU AGREE THAT YOU USE THE MATERIALS ENTIRELY AT YOUR OWN RISK. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE MLV PARTIES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE MATERIALS WILL BE FREE FROM VIRUSES OR MALWARE, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE MATERIALS. NONE OF KID & COE PARTIES WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY THIRD PARTY WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NONE OF MLV PARTIES WILL BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMIT OF LIABILITY.
IN NO EVENT SHALL THE MLV PARTIES, OR ANY OF THEM, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE MATERIALS, OR YOUR PURCHASE OR RENTAL OF PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF THE MLV PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY OF THE MATERIALS IS TO STOP USING THE WEBSITE OR THE SERVICES.
Thank you for your cooperation. Questions or comments regarding this Website and/or Services, including any reports of non-functioning links, should be submitted using our email address info@marialisboavilla. We will use commercially reasonable efforts to respond in a timely manner.
ONLINE DISPUTE RESOLUTION
Online dispute resolution for consumer pursuant to Section 14.1 of Regulation (EU)524/2013. The European Commission provides a platform for online dispute resolutionwhich is available at the following link: http: // ec. europa.eu/consumers/odr/ “.